Keeping Your Home In Chapter 13 Bankruptcy
The good news about filing for Chapter 13 bankruptcy is that its designed to allow you to keep your house. With Chapter 13, you, the bank and your creditors all decide on a repayment plan that takes three to five years, but your assets are not sold off. Once the plan is completed, your unsecured debt is discharged. The trick, of course, is making it to the end.
The plan that is worked out with the court and your creditors will include a way to catch up on and pay your mortgage if you can afford it.
Under a Chapter 13 repayment plan, if youre behind on your mortgage the plan will work out how you pay the past due payments over the three to five years, but you also must make the current monthly payments.
Find The Right Mortgage Lender
Be upfront with your lender or mortgage broker, and ask them how they work with borrowers in your situation. If you did have issues with your spending or debt, let them know what youve done to improve your money management.
If your regular lender cant help you, there are always other options. Some lenders specialize in working with borrowers who have been through bankruptcy.
One good place to start is the FHAs list of approved lenders. Since FHA-approved lenders offer both conventional loans and FHA loans, they have experience working with borrowers who have less-than-perfect credit and may be able to provide you with a range of mortgage options.
Guide To Buying A House After Bankruptcy
If youve had to declare bankruptcy, you may feel like youll never be able to get your finances in order again. And worse, you may feel like youll never have a house of your own again.;
But the reality is that bankruptcy isnt a permanent mark on your financial record. Although your credit score will plummet when you declare bankruptcy, the Consumer Financial Protection Bureau found that those who declare bankruptcy often have higher credit scores when compared to those who try to work out difficult finances without resorting to bankruptcy.;
Focus On Your Finances
Because theres a chance you might have to wait before applying for a mortgage, its important to take a look at your finances. This is a good time to start working toward your financial health, not just to buy a house in the future, but also to apply for other types of credit or loans in the future.
What Happens If I Dont Quite Qualify For Your Bankruptcy Division Program
Mortgage after bankruptcy is an obtainable goal, and we are dedicated to helping our clients purchase or refinance a home after bankruptcy. If we cant help a client immediately, we provide a path to success by working tirelessly with our borrowers to address the areas that are holding them back.; Peoples Bank is here to help you reach your home ownership and mortgage goals.
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Additional Terms And Conditions
The terms mentioned above apply to individuals who have gone through the bankruptcy process without a foreclosure. Whenever a bankruptcy and a foreclosure occur, things may become more complicated when it comes to purchasing a home.
People who go through a foreclosure will usually need to wait longer before qualifying for a loan. Things are complicated further by the fact that the bankruptcy negatively affects ones credit score.
Contact An Experienced Bankruptcy Attorney In California
The bankruptcy attorneys at Talkov Law are skilled in the areas of:
About Scott Talkov
Scott Talkov is a real estate lawyer, business litigator and bankruptcy lawyer in California. He founded Talkov Law Corp. after of experience with one of the region’s oldest law firms, where he served as one of the firm’s partners. He has been featured on ABC 7, CNN, KCBS, and KCAL-9, and in the Los Angeles Times, the Orange County Register, the San Diego Union-Tribune, the Press-Enterpise, and in Los Angeles Lawyer Magazine. Scott has been named a Super Lawyers Rising Star every year since 2013. He can be reached about new matters at or . He can also be contacted directly at .
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Chapter 7 Vs Chapter 13
A Chapter 7 bankruptcy indicates the debtor is seeking to liquidate their assets and wipe away all debt. The bankrupt emerges from the process with a fresh start and a badly damaged credit history. Some creditors can claim security interests.
For example, your auto loan is secured by your car, and your mortgage by your home, so those assets will be sold, and the proceeds paid to satisfy those debts. Unsecured creditors generally get very little of what they are owed.;
In a Chapter 13 bankruptcy, debtors seek a reorganization of their debts and commit to strict repayment plans. Debtors must make payments to creditors, but they dont lose all their assets and they dont take as hard of a hit to their credit. Thats because creditors reward debtors who are committed to paying their debts.;
How To Reestablish Credit After Bankruptcy
Once the bankruptcy process is over, reestablishing and maintaining; is key to your financial health. Lenders will be looking for zero delinquencies postbankruptcy.
While you work to build new credit, dont go overboard opening an extensive number of accounts, as this will work against you, advises Carey. Usually, opening just a couple of revolving credit lines and paying them in a timely manner over the course of 12 months helps to increase credit scores back to an acceptable level.
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You May Need A Credit Score Of 500 Or Higher To Buy A House
The waiting period and loan approval are essential factors, but some loan officers will not consider you until you rebuild your credit score. Credit scores typically range from 300 to 850.
For each type of loan, you need a credit score of the following:
- FHA loan: 500+
- VA loan: no minimum credit score
- USDA loan: 640+
- Fannie Mae or Freddie Mac: 620-640 is the lowest they will accept
If your bankruptcy was years ago, but no one will loan to you, you may have options. There could be misinformation on your record or an outdated credit score.
Talk to a bankruptcy attorney about the issues you face in the home buying process to learn about your options. A new home is attainable within one to two years after bankruptcy if you take the right steps and seek legal guidance during the bankruptcy journey.
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How To Find Bankruptcy Property Sales Online
The first step in the process is to find a bankruptcy property you are interested in buying. However, this is not as easy it may seem. If a bankruptcy is filed in Los Angeles County, but the debtor owns a property in Texas, the sale of that Texas property would occur at the Bankruptcy Court in Los Angeles through a bankruptcy trustee in California.
Most courts post the notices of sale on their website. For example, the Central District of California has a website listing notices of sale within that court. This means that buyers of properties would need to scour the websites of 94 District Courts in the United States, with California alone having four district courts, just to find all of the sales in America.
Buyers may be under the impression that they can find bankruptcy properties on the Multiple Listing Service provided by Realtors. However, at least in Southern California , there is no check box allowing listing agents to specify that a property is being sold through a bankruptcy. Nonetheless, a search of the public or private comments for the word bankruptcy may reveal a few listings.
Further, if youre looking for commercial properties in bankruptcy, search LoopNet.com for bankruptcy properties by clicking on more filters, then using the keyword bankruptcy.
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How Bankruptcy Can Affect The Home
When youre asking can I buy a house after filing bankruptcy, its helpful to understand the process you will need to complete. This process is unique for every family and every home-buying experience. Bankruptcy varies in different situations as well. In general, however, heres how these two things interact at some key points.
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What You Need To Know
- With patience and work, its possible to get a home mortgage loan after bankruptcy
- Theres a shorter waiting period for government-backed loans than there is for conventional mortgage loans
- Working on improving your credit before you apply for a mortgage can increase your chances of getting your loan approved as well as getting better interest rates
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Start The Conversation With A Lender
Whether youre hoping to buy a home in a few months or a few years, know that its worth the wait. This is especially true for those who have filed for bankruptcy in the past and may need to pause their home buying journey as a result.
Interested in learning more about qualifying for a home loan? Contact one of our dedicated mortgage consultants today.
How Long After Bankruptcy Can You Buy A House
The waiting period to buy a house depends on whether you filed Chapter 7 or Chapter 13 bankruptcy, and the type of loan you seek. Waiting periods after Chapter 7 is discharged vary from two to four years. After Chapter 13 is discharged, some federal loans are available immediately, though a conventional loan requires a two-year waiting period.
The first step in qualifying for a home loan after bankruptcy is to have the bankruptcy judge discharge your case. Then comes the patience test, and the timeframe is determined by the type of bankruptcy you have and the type of loan you desire.
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Every Bankruptcy Is Different
This post gives an overview of some of the major challenges when buying real estate through the bankruptcy court. However, the most important thing to remember is how different each and every transaction will play out in the bankruptcy process. There is no great way to predict your success or failure, and you need to be prepared for a bumpy process where you may or may not get the home. There is a ton of complexity that cant be discussed in a short article like this, and you will be best served by working with real estate professionals and attorneys who are well-versed in the bankruptcy process if you intend to make an offer. Seek your counsel carefully, as most agents and attorneys have no experience in this type of transaction.
A Cleveland Bankruptcy Attorney Can Help
If you are considering either selling or buying a home while under Chapter 13 bankruptcy, it is always a good idea to seek the help of your bankruptcy attorney because of the complexities involved. At LHA, we can ensure that you dont violate your bankruptcy guidelines, risking the chance that your discharge will not be granted.
Your bankruptcy lawyer can file the appropriate motions and adjust any contracts of sale or purchase. This ensures you are protected if the trustee rejects a proposal and you stay compliant with all the other restrictions.
Call Luftman, Heck and Associates today at to speak to a Cleveland bankruptcy attorney to find out how we can help you buy or sell a home while in Chapter 13 bankruptcy.
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In Many Cases You Can Keep Your Home In Chapter 7 Bankruptcy Learn More Here
By Cara O’Neill, Attorney
You won’t necessarily lose your home in Chapter 7 bankruptcyespecially if you don’t have much home equity and your mortgage is current. Whether you can keep your home after filing for Chapter 7 bankruptcy will depend on the following factors:
- whether your mortgage is current
- if you’ll be able to continue making the payments after bankruptcy
- how much equity you can protect with a homestead exemption, and
- the amount of equity in your home.
If you’re behind on your payment, in foreclosure, or have more equity than you can protect, you’ll have a better chance of keeping your home in Chapter 13 bankruptcy. Filers faced with those circumstances should learn more about choosing between Chapter 7 or Chapter 13 when keeping a home.
For step-by-step guidance through the bankruptcy process, read What You Need to Know to File for Bankruptcy in 2021.
Chapter 13 Waiting Periods
For a Chapter 13 claim, you can apply for a new FHA loan 1 year after dismissal. Thats if you have made court ordered payments on time and have received written permission from the court overseeing your case.
Your application must go through manual underwriting and the lender must be satisfied with your explanation of what led to bankruptcy and why it wont happen again. Once 2 years have passed since discharge, you are able to apply for a mortgage without manual underwriting.;
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Buying House While In Chapter 13 Bankruptcy And Qualifying With Manual Underwriting
Compensating Factors are positive factors by borrowers that lessen the risk of lenders.
Here are examples of compensating factors mortgage underwriters will take into account:
- Part-time, overtime income, other income borrower has had for at least a year or more but not used as qualified income
- Three months of reserves
- One month of reserves is one months of PITI
- Larger down payment on a home purchase
Chapter 13bankruptcy Doesnt Ruin Your Mortgage Chances
If you filed for Chapter 13 bankruptcy or were recently discharged, you might wonder whether you can buy a new home or refinance.
The good news is, getting a mortgage is easier after Chapter13 bankruptcy than Chapter 7.
You might even qualify while youre still in Chapter13. Government-backed FHA, VA, and USDA loans let you apply for a mortgage asearly as one year into your repayment plan.
Keep in mind, you need to make those payments on time. Andyou still need to meet loan requirements.
But if you meet these guidelines, you should have a good shotat getting a mortgage during or after Chapter 13.
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Getting An Fha Loan After Bankruptcy: Its Doable
The FHA loan program can be a good option for borrowers who cant qualify for conventional financing. This program tends to be more forgiving, when it comes to basic borrower eligibility and qualification requirements.
Bankruptcy is one of the areas where the FHA loan program offers some flexibility and forgiveness. Its possible to qualify for an FHA loan after a Chapter 7 or Chapter 13 bankruptcy filing, once the borrower has met a certain waiting period and other requirements.
Getting A Home After Bankruptcy
Bankruptcy may feel like the end of the world but it isnt.;
Its a legal process that helps you wipe out or repay your debt, and hopefully, puts you in a stronger financial position in the future.
If youre willing to put in the time to reconstruct your credit history and improve your money management skills, bankruptcy doesnt have to be a barrier to homeownership.
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Buying A House After Chapter 7 Bankruptcy Faq
How soon can I buy a house after Chapter 7 discharge?
Most home buyers have to wait at least 2 years after Chapter 7 discharge before they can get approved for a home loan. It may be possible to qualify sooner if you were forced into bankruptcy for reasons beyond your control, but early approval is rare.
What is the average credit score after Chapter 7?
The average credit score after a Chapter 7 bankruptcy is commonly in the low 400s to mid 500s, according to attorney Jeremiah Heck. To qualify for a home loan, you typically need a credit score of 580-620 or higher.
Can you buy a house after Chapter 7 with a co-signer?
Yes, having a co-signer can improve your chances of getting a mortgage post-bankruptcy. But remember that this can be a risky move for the co-signer. So you want to be sure you can make the monthly payments on time if you choose this option, recommends Graham. Also, you will still likely need to wait two to four years after a bankruptcy to apply for a mortgage loan, even with a co-signer.
Can I get a VA loan 1 year after Chapter 7?
Usually not. The minimum waiting period to obtain a VA loan after Chapter 7 bankruptcy is two years.
Can I get an FHA loan after Chapter 7?
Yes, provided you rebuild your credit and wait two years after your bankruptcy is approved by the courts. Avoiding new debt after your bankruptcy is discharged can also help your chances of qualifying for an FHA mortgage.
What credit score do I need for an FHA loan?
How Bankruptcy Can Affect Your Ability To Get A Mortgage
Bankruptcy can significantly lower your credit scores, remain on your credit reports and affect your ability to obtain credit, including a mortgage loan, for up to 10 years. Fortunately, its impact lessens over time.
For a lender to even consider you for a mortgage after bankruptcy, your bankruptcy must be discharged. A bankruptcy discharge is a court order that eliminates your debts. In addition to making sure your bankruptcy has been discharged, a lender will look at your credit report to determine your creditworthiness.
It’s a good idea to check your credit report before you apply for a home loan to make sure it’s accurate. Look for mistakes such as incorrect or outdated information or accounts that were not included in your bankruptcy filing that are listed as part of it. Be sure to contact the credit agency as soon as possible and dispute any errors you find.
When you do begin to apply for a mortgage after bankruptcy, your lender will likely ask you a few questions about your bankruptcy. They may ask you when your case was discharged, what you’ve done to establish new credit, and how you’ve been keeping up with your bills. It’s a good idea to have the answers to these questions ready beforehand so that the application process runs smoothly.
Let’s dive deeper into how each type of bankruptcy can affect your ability to get approved for a mortgage.
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